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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journals of the Continental Congress --WEDNESDAY, MARCH 24, 1779¹

Journals of the Continental Congress, 1774-1789
WEDNESDAY, MARCH 24, 1779¹

[Note 1: 1 Here, the entries were resumed by Charles Thomson.]

A letter, of 23, from Major M. Clarkson, was read.²

[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 78, V, folio 329.]

The Committee on the Treasury brought in a report; Whereupon,

Ordered, That a warrant issue on the treasurer, in favour of Joseph Carleton, paymaster to the Board of War and Ordnance, for six hundred thousand dollars, to be by him transmitted to Benjamin Stille, at Providence, assistant of Ebenezer Hancock, Esq. deputy paymaster general of the eastern district, of which the sum of three hundred thousand dollars is for the purpose of recruiting the continental battalions at Providence, and the residue for their pay and subsistante; and that the said Ebenezer

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Hancock be charged with the said six hundred thousand dollars, and furnished with a copy of this resolution.¹

[Note 1: 1 This report, dated March 23, is in the Papers of the Continental Congress, No. 136, III, folio 189.]

The Board of War, to whom was referred the letter of 5th, from Major General Schuyler, brought in a report; Whereupon,

Resolved, That the commissioners for Indian affairs in the northern department, be empowered to order supplies of provisions to our faithful friends the Oneidas and other friendly Indians, as their necessities shall, in the opinion of the said commissioners, from time to time, require; and the commissaries of provisions in that department, are hereby required to obey the orders of the said commissioners for that purpose.²

[Note 2: 2 This report, dated March 20, is in the Papers of the Continental Congress, No. 147, III, folio 135.]

Major M. Clarkson attending, was called in, and, according to order, being reprimanded from the chair,withdrew.

On motion by Mr. [William Henry] Drayton, and seconded by Mr. [Henry] Laurens,

Resolved, That Major M. Clarkson be permitted to join the southern army, agreeably to his request.

The Committee on Foreign Affairs brought in a report, which was read:

The Committee to whom was referred the consideration of the foreign affairs of these United States, the conduct of the several Commissioners appointed to foreign Courts and the political and commercial Agency of Mr Deane, report:

• 1. That it appears to this Committee, that Dr. Franklin is Plenipotentiary for these States at the Court of France; Dr A. Lee, Corn missioner for the Court of Spain; Mr William Lee, Commissioner Agreed for the Courts of Vienna and Berlin; Mr R. Izard, Commissioner for the Court of Tuscany. That Mr J. Adams was appointed one of the Commissioners at the Court of

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  France in the place of Mr Deane, who had been appointed a joint Commissioner with Dr Franklin and Dr A. Lee; but that the sd. Commission of Mr Adams is superceded by the Plenipotentiary Commission to Dr Franklin. And that neither Doctor A. Lee, nor Mr W. Lee, nor Mr R. Izard, have been received or acknowledged at their respective Courts.

• 2. That it is the opinion of your Committee, that Ministers Plenipotentiary for these States are only necessary Agreed for the present at the Hague Courts of Versailles, and Madrid.
• 3. That in the course of this Committee's examination and enquiry they find many complaints against the said Commissioners, and the political and commercial agency of Mr Deane, which complaints, with the evidence in support thereof, are herewith delivered and to which this Committee beg leave to refer.
• 4. That suspicions and animosities have arisen among the said [late and present] Commissioners [viz. Benjamin Franklin, Agreed Silas Deane, Arthur Lee, Ralf Izard, and Wm Lee]¹

  [Note 1: 1 Inserted in writing of John Jay.]

  highly prejudicial to the honor and interests of these United States.
• 5. That the appointments of the said Commissioners be vacated, and that new appointments be made.
• 6. That there be but one Plenipotentiary Minister or Commissioner Agreed 8 June for these United States at a foreign Court.
• 7. That no Plenipotentiary Minister or Commissioner for these Previous question United States, while he acts as such shall exercise any other public office.
• 8. That no person be appointed Plenipotentiary Minister or Commissioner Previous question for these United States who is not a citizen thereof, and who has not a fixed and permanent interest therein.
• 9. That fit and proper persons be appointed to settle and adjust Mr Deane's publick accounts, and the public accounts of all other persons, who have transacted the Commercial affairs of these States in France.
• 10. That each of the Plenipotentiary Ministers and Commissioners, who now is, or have been or may be appointed, be allowed at the rate of ... per annum.²

  [Note 2: 2 This report, in the writing of William Paca, is in the Papers of the Continental Congress, No. 25, I, folio 83.]

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[Charges against Mr S. Deane with the Evidence.]

• 1st. Charge. That Mr Deane, during his political and commercial agency, entered into private commercial concerns.

  Evidence. Mr Deane's narrative, page 119, and a publication by Mr Robt. Morris, 9th January; a letter from Mr Hodge to Commissioners, 10 July 1778.

• 2nd. Charge. Misapplication of public monies.

  Evidence. A letter from Mr Hodge to the Commissioners, 10 July 1778. Information given by Mr R. H. Lee, 18 Sept., 1778. Extracts of letters from John Lloyd and Wm Stephenson to Mr A. Lee, 21, 22 Jany., and 1st Feby., 1778. A letter from John Lloyd to Mr A. Lee, 24 Jany., 1778. Mr Hodge's account of the Receipt and expenditure of public money for a Lugger and a Cutter, bought and fitted out at Dunkirk. Mr Carmichael's examination.

• 3rd. Charge. That Mr Deane broke the orders of the Secret Committee, in cruizing the Cutters for prizes which he was ordered to purchase and load with Stores for these United States.

  Evidence. Orders of Secret Committee, 30th May, 1776. Orders of Said Committee 3rd October, 1776. Deane's Narrative, page 46, 47, 48, 49.

• 4th. Charge. That Mr Deane exposed the interests of the United States by offending the French Court in breaking his engagements with it.

  Evidence. Count de Vergennes' letter to the Commissioners, 16th July, 1777, and letter from him to Mons. Grand, dated 21st August, 1777.

• 5th. Charge. That Mr Deane exceeded his powers in the engagements he made with several French officers.

  Evidence. Mons. Coudray's contract.

• 6th. Charge. That Mr Deane was in partnership with Mr Jonathan Williams, and in his public character of Commissioner purchased stores of that partnership for these United States.

  Evidence. Mr Robt. Morris' letter, 26th Dec., 1777. Mr Deane's narrative, page 60, 61.

• 7th. Charge. That Mr Deane withheld information from Mr Lee, joint Commissioner with him and Mr Frankhn.

  Evidence. Deane's Narrative, page 87. Extracts of letters from Mr. At. Lee, Williams and Delaps, 10th Aug., 23 Dec., 1777; 9, 15, 21 Dec., 1777, and 3 Jany., 1778. Mr Franklin's letter, Dec. 22, 1777, to Mr Williams.

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• 8th. Charge. That Mr Deane's public accounts are in a confused unsettled state.

  Evidence. Mr A. Lee's letter, 1st June, 1778. Deane's narrative page 104, 105.

• 9th. Charge. That Mr Deane traduced Congress in charging them with shutting their ears against his information and sacrificing him for the aggrandizement of others.

  Evidence. Mr Deane's publication, 5th Dec., 1777.

• 10th. Charge. That Mr Deane in his private character wrote to Congress information which in his letters wrote in his public character as Commissioner was directly contradicted.

  Evidence. Mr Deane's letter, 3rd and 10th?] Sept., 1777, and his public letter, 16th Feby., 1778.

[Charges against Mr A. Lee with the Evidence.]
• 1. Charge. That Mr A. Lee injured and embarrassed the affairs of these United States by manifesting a contempt for the French Nation, and by the rude disgusting manner in which he constantly spoke of them.

  Evidence. Mr Deane's narrative. p. 80, 101. Mr Carmichael.

• 2nd. Charge. That Mr A. Lee is of a captious, suspicious and jealous temper, productive of quarrels, difficulties and embarrassments in his concerns and transactions with others.

  Evidence. Deane's narrative, page 60, 63, 64, 65, 20, 15, 16, 84, 117, 118. Hodge's letter to Commissioners, 10 July, 1778. Williams' letter to Mr Deane, 22 July, 1778. Mr Holker, Mr Carmichael. Letter from Doctor Franklin.
  do from do to Mr Deane, 7 April, 1778. Mr Deane's publication, 5th Dec., 1778. Mr Deane's papers, No. 2 to page 6. Letter from Mr Deane, Nov. 19th, 1778. Williams' letter to Congress, 10th Sept., 1778, page 3.

• 3rd. Charge. That Mr A. Lee on his arrival at the Court of Berlin, left his public papers in such insecurity that the British Envoy got possession of them.

  Evidence. Deane's narrative, 75, 66. Deane's publication 5th Dec., 1778.

• 4. Charge. That Mr. A. Lee being directed by Commissioners to go to Madrid, communicated his journey to so many, that the Courrt of Spain got information of it and was obliged to stop him at Buttes to prevent giving umbrage to the British Court.

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  Evidence. Mr Deane's narrative, page 62.

• 5th. Charge. That Mr A. Lee disgusted the French Court and lost its confidence.

  Evidence. Deane's narrative page 87.

• 6th. Charge. That Mr A. Lee in violation of his faith pledged in common with the Commissioners to Mens. Gérard, Plenipotentiary of France, to keep secret the concluding and signing the treaties with his Most Christian Majesty, immediately divulged the same to some person in Great Britain

  Evidence. Deane's Narrative, page 52, 81, 83. Deane's publication, 5th Dec., 1778.

• 7th. Charge. That the disposition of Mr A. Lee is such as leads him to littlenesses extremely disgusting to a gallant and polite people, and prejudicial to the character of the Country he represents.

  Evidence. Mr Deane's narrative, page 102, 103. Mr Carmichael.

[Charges against Mr B. Franklin with the evidence.]
• 1st. Charge. That Mr Benj. Franklin withheld information from Mr A. Lee, Joint Commissioner with him and Mr Deane.

  Evidence. Mr A. Lee's letter to Committee, 1 June 1778.

• 2nd. Charge. That Mr Franklin, from a partiality to his Nephew, Mr Williams, and his friend, Mr Chaumont, concurred with Mr Deane in systems of profusion, disorder and dissipation in the conduct of public affairs.

  Evidence. Mr A. Lee's letter to the Committee, 1st June 1778.

• 3rd. Charge. That Mr Franklin is not a proper person to be trusted with the management of the affairs of America, that he is haughty and self sufficient, and not guided by principles of virtue or honor.

  Evidence. Mr Izard's letter to the honorable Mr Laurens, President of Congress, 26th June, 1778.

[Charge against Mr Izard with the evidence.]
• Charge. That Mr Izard, not being able to proceed to the Court of Tuscany in consequence of his appointment, has remained at Paris, and that the greater part of his time has been spent in altercations with Mr Franklin, and writing letters to Congress replete with criminations of Mr Franklin and Mr Deane.

  Evidence. Mr Izard's letters.

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[Charge against John Adams with the evidence.]
• Charge. That Mr John Adams threatened Mr Izard with the displeasure of Congress in his opposing the 11 and 12th articles of the Treaty of commerce, and that the said Mr John Adams entertained expectations that Congress would be inattentive to the interests of nine States of America to gratify the caters and distillers of Molasses.

  Evidence. Mr Izard's letter to the President, 12th. Sept., 1778.

[Charges against Mr William Lee with the evidence.]
• 1st. Charge. That Mr William Lee, on his arrival in France to execute jointly with Mr T. Morris the Commercial Agency for these States, refused to act publicly on account of his interest in London.

  Evidence. Deane's Narrative, page 67. Mr Williams letter to Mr Deane, 22nd. July, 1778. Mr Deane to Congress, 22 Oct., 1778, page 7, 8, 9.

• 2nd. Charge. That Mr Wm. Lee is both Commissioner for the Court of Berlin and Commercial agent.

  Evidence. Commissions. Deane's Narrative page 67, 68, 69. Deane's add. to Cont., 22 Oct., 1778, page 7, 8, 9.

• 3rd. Charge. That Mr W. Lee as Commercial Agent receives 5 per cent commission, when the said agency was executed by Mr Willliams for 2 per cent., and executed ably and honestly.

  Evidence. Deane's Narrative, page 69. Deane's publication, 5th. Dec., 1778. Williams' Letter 22nd July, 1778. Franklin's letter to Williams 22 Dec., 1777.

• 4th. Charge. That the disposition of Mr W. Lee is such as leads him to littlenesses extremely disgusting to a gallant and polite people, and prejudicial to the Character of the country he represents.

  Evidence. Deane's narrative, 102, 103. Mr Carmichael.

• 5th. Charge. That Mr Wm. Lee is totally disqualified for a public character.

  Evidence. Mr Deane's narrative page 102. Mr Carmichael.¹

  [Note 1: 1 These papers, in the writing of William Paca, are in the Papers of the Continental Congress, No. 25, I, folio 87--103.]

Ordered, That the consideration thereof be postponed to Friday next.

A letter, of 23d, from the Board of War, was read.²

[Note 2: 2 This letter is in the Papers of the Continental Congress, No. 147, III, folio 139.]

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Congress resumed the consideration of the report of the Committee of the Whole and after some time spent thereon,

Congress resumed the consideration of the report of the Committee of the Whole; and the fourth article being under debate, to wit:

4. That the navigation of the river Mississippi be acknowledged and ratified absolutely free to the subjects of the United States.

A motion was made by Mr. [Thomas] Burke, seconded by Mr. [William Henry] Drayton, to add these words, "provided that the allies of these United States shall declare themselves in circumstances to afford effectual assistance for carrying on the war until the said acknowledgment and ratification shall be obtained."

And on the question to agree to this amendment, the yeas and nays being required by Mr. Richard] H[enry] Lee,

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So it passed in the negative.¹

[Note 1: 1 In Thomson's memorandum at this point occurs the following: "A motion was made by Mr. [Meriwether] Smith, and seconded by Mr. [Thomas] Nelson, after "Mississippi" insert "as low down as the southern boundary of the United States." These words were struck out.]

On the question to agree to the article as reported, the yeas and nays being required by Mr. R[ichard] H[enry] Lee,

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So it passed in the negative.¹

[Note 1: 1 A note of this day's proceedings to this point, in the writing of Charles Thomson, is in the Papers of the Continental Congress, No. 36, III, folio 483.]

The committee of the whole having reported that they disagree to the fifth article in the report referred to them,

Resolved, That Congress concur with the committee.

On motion of Mr. [Elbridge] Gerry,

Resolved, That the third article be reconsidered. The article was then read as follows:

"That an acknowledgment be made by Great "Britain of a common right in these states to fish on "the coasts, bays and banks of Nova Scotia, the banks "of Newfoundland and gulf of St. Lawrence, the "coasts of Labrador and straits of Belleisle: Provided "always, that the allies of these states shall be "in circumstances to support them in carrying on "the war for such acknowledgment; but that in no "case, by any treaty of peace, the common right of "fishing as above described be given up."

Whereupon a motion was made by Mr. Burke, seconded by Mr.to strike out the words between "to fish" and "provided," and in lieu thereof, to

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insert "on all and singular the fishing banks to the "eastward of the island of Cape Breton and of Nova "Scotia, which by the treaties of Utrecht and of Paris "were ceded to the King of Great Britain, in exclusion "of the subjects of France."¹

[Note 1: 1 This motion in the writing of Gouverneur Morris, is in the Papers of the Continental Congress, No. 36, III, folio 499. He added: "This includes Mizen Bank, Middle Bank, Sable Island Bank, Brown's Bank and St. George's Bank."]

A motion was made by Mr. R[ichard] H[enry] Lee, seconded by Mr. [Eliphalet] Dyer, as a substitute to the whole,

"That the right of fishing on the coasts and banks "of North America be reserved to the United States "as fully as they enjoyed the same when subject to "the King of Great Britain, excepting always what "shall have been excepted by the treaty of Paris "between France and the United States--the whole "to be explained by the treaties of Utrecht and Paris "with Great Britain, and of Paris with the United "States of North America."²

[Note 2: 2 This motion, in the writing of Richard Henry Lee, is in the Papers of the Continental Congress, No. 36, III, 497. The vote, in the writing of Charles Thomson, is noted upon it.]

On the question, Shall this be received as a substitute, the yeas and nays being required by Mr. [Elbridge] Gerry--

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So the substitute was received; and the article as heretofore agreed to, and the amendment proposed, were set aside.¹

[Note 1: 1 These proceedings were entered only in the manuscript Secret Journals, Foreign Affairs.]

Adjourned to 10 o Clock to Morrow.

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